Summary: We will not investigate Ms X’s complaint about data sharing. The Information Commissioner’s Office is better placed.

The complaint

1. The complainant, whom I shall call Ms X, complains about data sharing between the Council and the Police.

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The Ombudsman’s role and powers

2. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
4. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X says she would like the Council to release information from her children services files to the Council. She says this has not happened.
8. Parliament set up the Information Commissioner’s Office (ICO) to consider data protection disputes which includes data sharing disputes. The ICO are better placed than us to consider if the Council has not carried out its data sharing duties particularly because there are complex exemptions for child protection case files.
9. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation.
10. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. I consider that to be the case here and Ms X should therefore approach the ICO about his concerns.

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Final decision

11. We will not investigate Ms X’s complaint because the ICO is better placed.

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Investigator's decision on behalf of the Ombudsman